HomeMy WebLinkAbout10-07-08 (2)IN RE:
ESTATE OF LOY T. HEMPT
AND NOW, this
ORDERED THAT:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION ~~
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NO. 21-77-231 __ ~ `~ r?
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ORDER _ , , -'
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day of , 2008, IT IS HEREBY ~ =~
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Upon consideration of the Joint Stipulation of All Parties regarding Application for
Stay filed by Gerald L. Hem pt, Trustee of the Loy C. Hempt Residuary Trust:
The Order entered in this matter on August 14, 2008 is stayed pending appeal
subject to the following exceptions and conditions:
(1) That portion of the Order setting aside the division of the residuary trust into
three distinct trusts and requiring the Trustee to reform the three trusts into a single trust
shall be done promptly;
(2) Gerald L. Hempt may continue in his capacity as Trustee during the
pendency of the appeal, and until a final non-appealable determination in this matter has
been made, subject to the following conditions:
(a) During the pendency of the appeal, and until a final determination, the
Trustee shall not make distributions to the lifetime beneficiary, Jean D. Hempt,
without prior permission of the Court or the consent of all remainder beneficiaries of
the Trust; and,
(b) The Trustee shall keep the remainder beneficiaries reasonably
informed as to Trust activity.
(3) The Trust assets shall not be distributed to the remainder beneficiaries until
the later to occur of, the death of Jean D. Hempt, or the final determination in this matter. If
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that final determination is that the division of the residuary trust into three distinct trusts was
not permissible, the Trust assets shall, upon the death of Jean D. Hempt, be distributed to
the remainder beneficiaries in accordance with law; if the final determination is that the
division of the residuary trust into three distinct trusts was permissible, the Trust assets shall
be distributed to the remainder beneficiaries in a manner consistent with the division of
assets which had been effected by the division of the residuary trust into three distinct
trusts.
(4) No deposit of security by Appellant Gerald L. Hempt shall be required.
THE COU
Edward E. Guido, J.
Distribution:
,Donald Kaufman, Esq., McNees Wallace & Nurick LLC, 100 Pine Street, Harrisburg, PA 17101
~n Yaninek, Esq., Mette, Evans & Woodside, 3401 North Front Street, Harrisburg, PA 17110-
1462
J16e1 Zullinger, Esq., Zullinger & Davis, 14 North Main Street, Suite 200, Chambersburg, PA
17201
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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:
John Yaninek, 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. Kau man
Of Counsel for Gerald L. Hempt, Trustee
of the Loy C. Hempt Residuary Trust
Dated: October 3, 2008
~. OCT 0 3 LUUB ~ -J
IN RE:
ESTATE OF LOY T. HEMPT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-77-231
JOINT STIPULATION OF ALL PARTIES
The Parties hereto, Gerald L. Hempt, Trustee of the Loy C. Hempt Residuary Trust
(the "Trust"), the Kalbach Objectors, and the Mark Objectors, hereby agree and stipulate,
through their respective undersigned counsel, that the terms of the proposed Order
attached hereto as Exhibit A are acceptable to them.
METTE EVANS & WOODSIDE
By:
ohn Y n nek, Esquire
Attorneys for the Kalbach Objectors
ZULLINGER & DAVIS
By.
Joel Zul ~ er, Esqui
Attorneys for the Mark Objectors
MCNEES WALLACE & NURICK
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By:
Donald B. Kaufman
Attorneys for Gerald L. Hempt, Trustee
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: LOY T HEMPT CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-77-0231
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10-06-2008
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: ORDER MAILED OUT BY RKS IN PROTHONOTARY)
SERVICE TO: DONALD KAUFMAN ESQ
JOHN YANINEK
JOEL ZULLINGER
METHOD OF MAILING:
® USPS
^ RR-R
^ HAND DELIVERED
^ OTHER
MAILED: 10-06-08
ENVELOPES PROVIDED BY:
^ PETITIONER.
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER.
^ JUDGE
^ CLERK OF ORPHANS COURT
Dep
Clerk of Orphans' Court
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