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Home My WebLink About09-12-08 (2) IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF LOY T. HEMPT CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-77-231 NOTICE OF APPEAL Notice is hereby given that Gerald L. Hempt, Trustee of the Loy C. Hempt Residuary "trust hereby appeals to the Superior Court of Pennsylvania from the Order entered in this rnatter on August 14, 2008. This Order has been entered in the docket, as evidenced by the copy of the docket entry attached hereto as Exhibit A. The request for lodging of the Transcript of Proceedings of Auditor's Hearing is attached hereto as Exhibit B. Respectfully submitted, McNEES WALLACE & NURICK LLC By Donald B. Kaufman (I.D. .49674) 100 Pine Street P.O. Box 1166 Tel: (717) 237-5373 Fax: (717) 260-1708 Attorneys for Gerald L. Hempt, Trustee of the Loy C. Hempt Residuary Trust Dated: September 12, 2008 ~'? o ~ -`? , - t., ~_,.~ _ _ C J ,~ _, .~ r~ l `} ~) am ~j~ _ ~ ~i L~ ~ ~ `:::. ._,.~ -~ ~ f .._ f'T i N ..:: ~ a ~ ~~ it A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisl®, PA Th' da ~ ~~ ,~ the taha Court Cumberland County 08380309092008 Cumberland County - Orphans Court PGge 1 ORC621 9/09/2008 Case lvo 1977-00231 Case TJame : HEMPT LOY T Age Docket Entries Filed 7/23/02 1 FIRST AND FINAL ACCOUNT (TRUST) 7/23/02 2 TRUSTS TERMS,LIFE TENANT AND REMAINDER BENEFICIARY INFORMATION 8/26/02: 3 EXCEPTIONS/OBJECTIONS TO ACCOUNT 12/05/02' 4 REPLY TO OBJECTIONS 4/08/04 5 CONTNTUED FROM THE PROCEEDINGS DOCKET 4/08/04 6 ACCOUNTANT'S MOTION TO PERMANENTLY SEAL THE RECORD BRIEF IN SUPPORT OF ACCOUNTANT'S MOTION TO PERMANENTLY SEAL THE RECORD ACCOUNTANT'S CONFIDENTIALITY DESIGNATIONS WITH RESPECT TO HEARING RECORD. 7/08/04 7 PETITION FOR CONTINUANCE OF AUDITOR 7/08/04 8 PETITION FOR CONTINUANCE OF AUDITOR 7/08/04 9 ORDER - SGINED 7-8-04 PETITITON FOR CONTINUANCE OF AUDITOR IT IS HEREBY ORDERED THAT THE TIME FOR WILLIAM A DUNCAN ESQ AUDITOR TO FILE A REPORT FOR SAID ACTION IS CONTINUED UNTIL 10-15-04. BY THE COURT - GEORGE E HOFFER PJ 10/14/04 10 AUDITOR'S REPORT 10/25/04 11 EXCEPTIONS/OBJECTIONS TO ACCOUNT - FILED BY JOEL R ZULLINGER ON BEHALF OF W ROBERT MARK, FOREST H MARK, & STEVEN E MARK 10/25/04 12 EXCEPTIONS/OBJECTIONS TO ACCOUNT - FILED BY HOWELL C METTE - ON BEHALF OF KALBACH OBJECTORS 1Oj25/04 13 OBJECTIONS TO AUDITOR'S REPORT 10/26/04 14 AUDITORS/MASTERSSRE ORTFANDGRECOMMENDATIONSXCEPTION/OBJECTION TO 8/13/07 15 PRAECIPE TO LIST OBJECTIONS TO AUDITORS REPORT FOR ARGUMENT JAA 08380309092008 Cumberland County - Orphans Court Page 2 ORC621 9/09j2008 Case Ddo 1977-00231 9/21/07 16 MOTION TO AUDITOR'S AJW CLARIFY OR AMEND ACCOUNTANT'S OBJECTIONS TO THE REPORT 9/25/07' 17 NOTICE OF DEATH JAA 4/16/08 18 ORDER OF COURT DATED 04/16/08 IN RE EXCEPTIONS TO AUDITORS REPORT AND RECOMMENDATIONS BEFORE BAYLEY PJ GUIDO J THE AUDITORS REPORT AND RECOMMENDATIONS ARE SUSTAINED IN PART AND OVERRULED IN PART FOR THE REASONS SET FORTH IN THE ATTACHED OPINION IT IS HEREBY ORDERED AND DIRECTED AS FOLLOWS GERALD L HEMPT IS REMOVED AS TRUSTEE OF THE LOY T HEMPT RESIDUARY TRUST WE PROPOSE THE APPOINTMENT OF ORRSTOWN BANK TO ACT AS SUCCESSOR TRUSTEE THIS APPOINTMENT SHALL BECOME FINAL UNLESS ANY PARTY OR THE PROPOSED TRUSTEE FILES A SPECIFIC OBJECTION WITHIN 20 DAYS GERALD L HEMPT IS SURCHARGED FOR THE FOLLOWING CONTINUED 4/16/08 19 CONT FROM ABOVE (A) $192,500 REPRESENTING DISTRIBUTIONS TO JEAN D HEMPT AFTER THE DEATH OF MAX C HEMPT (B) 41,215.31 FOR ATTORNEY FEES PAID IN CONNECTION WITH THE TRUST DIVISION (C) $8,070.78 REPRESENTING 11% OF THE PRINCIPAL AND INTEREST DUE THE TRUST AS A RESULT OF LOANS TO VALLEY LAND COMPANY THE TRUSTEES EXCEPTION TO THE AUDITORS RECOMMENDATION REGARDING THE PRO RATA DISTRIBUTION OF ASSETS UPON THE DEATH OF JEAN HEMPT IS SUSTAINED AND THAT RECOMMENDATION IS REJECTED EXCEPT AS MODIFIED ABOVE THE AUDITORS REPORT AND RECOMMENDATIONS ARE HEREBY CONFIRMED AND ARE ENTERED AS AN ORDER OF COURT CONSISTENT THEREWITH CONTINUED 4/16/08 20 CONT FROM ABOVE THE DISTRIBUTIONS TO THE BENEFICIARY JEAN HEMPT BEFORE THE DEATH OF MAX C HEMPT ARE CONFIRMED AND THE TRUSTEES ACCOUNT IS CONFIRMED AS MODIFIED BY THIS ORDER FURTHERMORE THE TRUSTEES DIVISION OF THE RESIDUARY TRUST INTO THREE DISTINCT TRUSTS IS SET ASIDE AND THE TRUSTEE IS HEREBY ORDERED TO REFORM THE RESIDUARY TRUST CREATED UNEDER ARTICLE FIFTH OF THE WILL OF LOY T HEMPT INTO A SINGLE TRUST BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 04/17/08 WSZ 5/06/08 21 GERALD L HEMPTS EXCEPTIONS TO THE APRIL 16 2008 OPINION AND ORDER WSZ 5/23/08 22 RESPONSE OF KALBACH OBJECTORS TO GERALD L HEMPT'S EXEPTIONS TO THE APRIL 16, 2008 OPINION AND ORDER wsz 5/27/08 23 ANSWER TO GERALD L HEMPT EXCEPTIONS TO THE APRIL 16, 2008 OPINION AND ORDER OF COURT AJW 5/28/08 24 ORDER OF COURT DATED 5/27/08 IN RE TRUST CREATED UNDER ITEM FIFTH OF THE WILL THE COURT ADMINISTRATOR IS DIRECTED TO LIST GERALD L 08380309092008 Cumberland County - Orphans Court Paq%09/2008 ORC621 99 Case No 1977-00231 HEMPT'S EXCEPTIONS TO THE APRIL 16 2008 OPINION AND ORDER FOR THE JULY 9 2008 ARGUMENT COURT THE PARTIES ARE DIRECTED TO FILE BRIEFS IN ACCORDANCE WITH THE LOCAL RULES OF COURT BY THE COURT EDWARD E GUIDO JUDGE COPIES MAILED 05/28/08 WSZ 8/14/08 25 ORDER OF COURT DATED 08/13/08 TN RE AFTER REVIEW THE BRIEFS FILED BY THE PARTIES AND HAVING HEARD ARGUMENT THEREON GERALD L HEMPTS EXCEPTIONS TO THE 04/16/08 OPINION AND ORDER ARE GRANTED IN PART THE EXCEPTION TO THE APPOINTMENT OF ORRSTOWN BANK IS SUCCESSOR TRUSTEE IS GRANTED IN LIEU OF ORRSTOWN BANK WE PROPOSE THE APPOINTMENT OF THE HERSHEY TRUST CO TO ACT AS SUCCESSOR TRUSTEE THIS APPOINTMENT SHALL BECOME EFFECTIVE UPON THE ACCEPTANCE BY THE HERSHEY TRUST CO IN ALL OTHER RESPECTS THE EXCEPTIONS OF GERALD L THEPCOURT EDWARD ENDGUIDO COPIESOMAILED/08/14/08RWSZ MADE FINAL BY IN RE: IN THE COURT OF COMMON PLEAS OF ESTATE OF LOY T. HEMPT CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-77-231 ORDER FOR TRANSCRIPT A notice of appeal having been filed in this matter, the official court reporter is directed to lodge of record with the Register of Wills the complete Transcript of Proceedings of Auditor's Hearing, previously certified by the official court reporter on March 8, 2004, in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. BY THE COURT: J. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served upon this date by first-class mail, postage prepaid, addressed as follows: Daniel L. Sullivan, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Joel Zullinger, Esquire ZULLINGER & DAVIS 14 North Main Street, Suite 200 Chambersburg, PA 17201 Donald B. Kaufman Of Counsel for Gerald L. Hemet, Trustee of the Loy C. Hemet Residuary Trust Dated: September 12, 2008